Why Fatal Motorcycle Accidents Often Lead to Wrongful Death Claims
When a motorcyclist is killed because another driver was negligent, surviving family members may have grounds for a California wrongful death claim. At Kalfayan Merjanian, LLP, we represent families seeking accountability and compensation after fatal motorcycle accidents and investigate the circumstances surrounding the collision to determine who was responsible.
Crash Data Reveals the Danger for Motorcyclists
Compared to collisions between cars, motorcycle accidents are disproportionately likely to result in catastrophic or fatal injuries. Unlike occupants of passenger vehicles, motorcyclists have little physical protection between themselves and another vehicle, the roadway, or a fixed object. When a crash occurs, even a motorcyclist who is wearing a helmet and riding responsibly can suffer fatal injuries.
The statistics demonstrate the severity of the risk. In 2023, 6,335 motorcyclists were killed in traffic crashes nationwide, accounting for about 15% of all traffic fatalities. By comparison, 11,792 passenger car occupants were killed that year. An even more revealing comparison is the fatality rate: motorcyclists experienced 31.39 deaths per 100 million miles traveled, compared with 1.13 deaths for passenger car occupants—nearly 28 times higher.
Riders in California experience the same disproportionate danger. In 2023, 583 motorcyclists were killed in California traffic crashes, representing approximately 14% of all traffic fatalities in the state. NHTSA data also shows that 1,254 passenger car occupants were killed in California that year. Although substantially more passenger car occupants died in absolute numbers, motorcyclists represented a far smaller share of vehicles and miles traveled, making their fatality risk substantially greater. Consider the 900,000 motorcycles registered in the state, compared to the more than 13 million passenger car registrations.
Why Are Motorcycle Accidents So Often Fatal?
Motorcycles do not provide the structural protection found in passenger vehicles. A person inside a car has the benefit of a vehicle frame, seat belts, airbags, and other safety systems. A motorcyclist can be thrown from the motorcycle or directly struck by another vehicle.
Visibility is another important factor. Motorcycles are significantly smaller than cars and can be more difficult for drivers to see, particularly when a motorcycle is approaching from the side, traveling through a vehicle’s blind spot, or approaching an intersection. California’s Department of Motor Vehicles specifically recognizes that motorcycles are harder to see and emphasizes that creating safer roads is a shared responsibility between motorists and motorcyclists.
The fact that a motorcycle is more difficult to see, however, does not excuse a driver’s failure to watch for motorcycles. Drivers have a responsibility to operate their vehicles attentively, check blind spots, use appropriate caution before changing lanes or turning, and yield when required.
Why Are Left-Turn Crashes So Dangerous for Motorcyclists?
Left-turn collisions are a particularly important concern. A motorist waiting to turn left at an intersection or onto a highway from an arterial road may see a motorcycle approaching but misjudge its distance or speed. The driver then begins turning left across the motorcycle’s path. By the time the driver recognizes the motorcycle, there may be insufficient time for either person to avoid the collision.
California’s Office of Traffic Safety identifies improper turning and automobile right-of-way violations among the leading primary crash factors in California motorcycle fatal and serious-injury crashes. In 2023, improper turning accounted for 19.8% of motorcycle fatal and serious-injury crashes, while automobile right-of-way violations accounted for another 19.3%.
A driver who turns left without properly observing approaching traffic can therefore create an extraordinarily dangerous situation for a motorcyclist. The consequences can be fatal even when the motorcycle is traveling at a lawful speed.
How Do Visibility Problems Contribute to Motorcycle Fatalities?
Drivers sometimes report that they simply “didn’t see” the motorcycle before the crash. That explanation may help investigators understand what happened, but it does not necessarily eliminate the driver’s responsibility.
Drivers are expected to maintain a proper lookout for other road users. That includes checking mirrors and blind spots before changing lanes, looking carefully for motorcycles at intersections, and exercising caution when traffic conditions make motorcycles more difficult to see.
The California Highway Patrol specifically advises motorists to check mirrors and blind spots frequently, particularly before changing lanes or making a turn. CHP also notes that many motorcycle collisions occur because other motorists simply do not see the motorcyclist.
In a wrongful death investigation, an attorney may examine the driver’s view, roadway configuration, lighting, traffic conditions, vehicle positioning, and other factors to determine whether the motorcycle should have been visible.
What Role Does Lane Splitting Play in Fatal Motorcycle Accidents?
Lane splitting is another issue that sometimes becomes important after a fatal motorcycle collision in California. Lane splitting, also called filtering or white-lining, refers to a motorcyclist traveling between lanes of traffic moving in the same direction. California allows for the practice when it is performed safely and prudently. The California DMV recognizes lane splitting as a lawful practice while emphasizing that motorcyclists have the same rights and responsibilities as other drivers.
Lane splitting by itself does not make a motorcyclist responsible for a collision. The circumstances matter. For example, a driver who suddenly moves into an adjacent lane without checking for a motorcycle may be negligent even if the motorcycle was lane splitting. Conversely, a motorcyclist’s speed, positioning, or other conduct may be relevant when determining how a collision occurred.
The CHP recommends that riders exercise extreme caution while lane splitting, noting that danger increases with higher speeds and greater speed differences between motorcycles and surrounding traffic. CHP also encourages motorists to check their mirrors and blind spots before changing lanes.
In a wrongful death case, the relevant question is not simply whether lane splitting occurred. The investigation must determine what each person did immediately before the collision and whether either person’s conduct caused or contributed to the crash.
What About the Motorcyclist’s Duty to Ride Safely?
Motorcyclists have the same basic responsibilities as other drivers to obey traffic laws and operate their vehicles safely, and a motorcyclist’s conduct can be relevant to a wrongful death case. Speeding, impairment, unsafe lane changes, failure to yield, or other negligent conduct may contribute to a collision. But acknowledging the motorcyclist’s duty does not mean that every fatal motorcycle accident was caused by the rider. Other drivers have a duty to pay attention, obey traffic laws, yield when required, maintain a proper lookout, and account for the presence of motorcycles on the roadway. A motorcyclist’s vulnerability does not transfer responsibility for another driver’s negligence to the victim.
When Can a Driver Be Liable for a Fatal Motorcycle Accident?
If a driver’s negligence causes a motorcycle collision that results in death, the driver’s conduct may support a wrongful death claim. Potential examples include:
- Turning left in front of an approaching motorcycle/li>
- Failing to yield the right of way
- Changing lanes without checking a blind spot
- Following a motorcycle too closely
- Driving while distracted
- Driving under the influence
- Speeding or driving too fast for conditions
- Running a red light or stop sign
- Failing to see a motorcycle because of inadequate observation
- Making an unsafe maneuver around a lane-splitting motorcycle
The fact that motorcycles can be difficult to see does not eliminate a driver’s obligation to be aware of them and share the road safely.
How Is Negligence Proven After a Fatal Motorcycle Crash?
A fatal motorcycle accident investigation can be particularly important because the person who died cannot provide their own account of what happened. Important evidence may include the police collision report, photographs, surveillance or traffic-camera footage, vehicle damage, motorcycle damage, skid marks, debris patterns, witness statements, electronic vehicle data, cellphone records, and other physical or digital evidence.
Accident reconstruction experts may analyze the available evidence to determine vehicle speeds, positions, points of impact, sight distances, reaction times, and other circumstances leading up to the collision. Investigators may also examine whether the other driver’s account is consistent with the physical evidence. For example, a driver may claim that a motorcycle suddenly appeared from nowhere, while video footage or accident reconstruction might demonstrate that the motorcycle was visible for a substantial period before the collision.
Does the Motorcyclist’s Fault Prevent a Wrongful Death Claim?
California follows a comparative negligence system. If the evidence shows that the deceased motorcyclist was partially responsible for the accident, that does not automatically eliminate the family’s wrongful death claim. Instead, the deceased person’s percentage of responsibility may affect the amount of damages that can be recovered.
This makes an objective investigation especially important. An insurance company may attempt to place as much blame as possible on the deceased motorcyclist, particularly when the victim cannot provide testimony explaining what occurred. However, the family should not assume that an insurance company’s version of the accident is accurate.
What Damages Can a Family Recover After a Fatal Motorcycle Accident?
A California wrongful death claim may allow eligible surviving family members to recover damages resulting from the loss of their loved one. Depending on the circumstances, damages may include the value of financial support the deceased would have provided, the value of household services, funeral and burial expenses, and certain noneconomic losses associated with the loss of the relationship. The exact damages available depend on the circumstances of the case and the relationship between the surviving family members and the deceased.
Why Is an Early Investigation Important?
Evidence can disappear quickly after a motorcycle accident. Surveillance footage may be automatically overwritten. Vehicles may be repaired or moved. Physical evidence at the accident scene may be lost. Witness memories may fade. Electronic information may become more difficult to obtain.
Early investigation can help preserve evidence and establish an accurate account of the collision before important information is lost. This is particularly important in a fatal motorcycle accident because the victim cannot testify about what they saw, where they were traveling, or what the other driver did immediately before the impact.
Contact Kalfayan Merjanian, LLP
Losing a loved one in a fatal motorcycle accident can leave a family facing grief, unanswered questions, and significant financial consequences. While motorcyclists have a responsibility to ride safely and attentively, other motorists have an equally important duty to watch for motorcycles, obey traffic laws, yield when required, and avoid dangerous driving. When another driver’s negligence causes a fatal motorcycle collision, Kalfayan Merjanian, LLP can investigate the circumstances, preserve critical evidence, and pursue the compensation available to eligible family members. Contact Kalfayan Merjanian, LLP today to discuss your family’s case and learn about your legal options.
